A Research On Several Problems Of The Crime Committed By A Unit

With the further deepening of the economic system reform in our country , various economic organizations as subjects of market economy are increasing constantly and playing an active role in the actuation of the market and promotion of the economic prosperity. At the same time however, the delinquencies and crimes committed in the name of unit are also increasing in a large amount and have seriously hindered the normal development of our socialist economic construction.Article 30 of CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA stipulates that any company, enterprise, institution, State organ, or organization that commits an act that endangers society, which is prescribed by law as a crime committed by a unit, shall bear criminal responsibility. There are more than 100 articles concerning crime committed by a unit in criminal law, which has undoubtedly provided favorable legal weapons to punish crime committed by a unit. However, neither the current criminal law nor the judicial explanations have provided the concrete, uniform standards for crime committed by a unit relating to the concept, subject, subjective elements and application of penalty, leading to great controversy in legal circle as well as in judicial circle. The author has worked in procuratorial agencies for many years, and intents to make some research and discussion about several problems of crime committed by a unit from the perspectives of both theory and practice and put forward some suggestions for perfection of some defects of crime committed by a unit in current legislation.